McGlothlen

In each of these consolidated appeals the Department of Motor Vehicles has appealed from a judgment of the superior court which granted the respective petitioner’s petition and ordered the department and the municipal court, in which each of the petitioners had suffered a second conviction of driving while under the influence of intoxicating liquor (Veh. Code, § 23102), to refrain from revoking the petitioner’s drivers license (cf. id., § 13352, subd. (c)) for so long as the petitioner participated successfully in the Solano County Rehabilitation Program. The trial court thereby awarded each of the petitioners the *1011 benefits of sections 13201.5 1 and 13352.5 2 of the Vehicle Code despite the fact that Solano County was not one of the counties approved for the *1012 demonstration program authorized by the Legislature for the calendar years 1976 and 1977, pursuant to subdivision (b) of section 13201.5. The petitioners argued below in their consolidated cases, and the trial court in a scholarly opinion concluded that the restriction of the application of the provisions of sections 13201.5 to four or fewer counties as provided in subdivision (b) was special or local…

By petition for rehearing, the plaintiffs assert that this court has overlooked its responsibility to reaffirm the independent nature of the California Constitution and its responsibility to separately define and protect the rights of California citizens under those provisions, despite conflicting decisions of the United States Supreme Court interpreting the federal Constitution. (See People v. Disbrow (1976) 16 Cal.3d 101, 114-115 [ 127 Cal.Rptr. 360 , 545 P.2d 272 ]; People v. Longwill (1975) 14 Cal.3d 943, 951, fn. 4 [ 123 Cal.Rptr. 297 , 538 P.2d 753 ]; and People v. Brisendine (1975) 13 Cal.3d 528, 548, 552 [ 119 Cal.Rptr. 315 , 531 P.2d 1099 ].) In the exercise of independent judgment and for the reasons set forth in the opinion we have no reason to apply standards of equal protection other than enumerated in this case. Moreover by any standard the alleged favoritism in 4 counties cannot be translated into an authorized program in 54 other counties.

SIMS, Acting P.J.

In each of these consolidated appeals the Department of Motor Vehicles has appealed from a judgment of the superior court which granted the respective petitioner's petition and ordered the department and the municipal court, in which each of the petitioners had suffered a second conviction of driving while under the influence of intoxicating liquor (Veh. Code, § 23102), to refrain from revoking the petitioner's drivers license (cf. id., § 13352, subd. (c)) for so long as the petitioner participated successfully in the Solano County Rehabilitation Program. The trial court thereby awarded each of the petitioners the benefits of sections 13201.5 [1] and 13352.5 [2] of the Vehicle Code despite the fact that Solano County was not one of the counties approved for the demonstration program authorized by the Legislature for the calendar years 1976 and 1977, pursuant to subdivision (b) of section 13201.5. The petitioners argued below in their consolidated cases, and the trial court in a scholarly opinion concluded that the restriction of the application of the provisions of sections 13201.5 to four or fewer counties as provided in subdivision (b) was special or…